Editorial: U.S. must act on Oneidas’ application

It’s been nearly three years since the U.S. Supreme Court ruled that Oneida Indian Nation land is subject to state and local taxation and regulation.

It’s been nearly three years since the U.S. Supreme Court ruled that Oneida Indian Nation land is subject to state and local taxation and regulation.

Yet neither the Oneidas nor local municipalities have been able to move forward from that ruling because of the long-delayed process through which the Oneidas are seeking to put all of their 17,000 or so acres into federal trust — where the land would be exempt from taxation and regulation.

The U.S. Department of the Interior owes it to all parties involved to expedite its review process and come to a conclusion very early in 2008.

The Oneidas started the ball rolling on their land-into-trust application just months after the March 2005 Supreme Court ruling in a case that involved the Nation and the city of Sherrill. The case is a complex one because the Nation has bought parcels across western Oneida County and eastern and northern Madison County. This has created a patchwork effect very different from the typical land-into-trust cases that the U.S. government had handled in the Western United States.

Instead of one large parcel of Indian land, our region faces the possibility that this lot would be put into trust, while that one next to it would not be. Therein lies a potential jurisdictional nightmare.

Still, it’s been 13 months since the Interior Department laid out a range of possible outcomes. And local residents and Nation employees spoke out at public hearings as long ago as January 2006. So it’s difficult to fathom why the federal government hasn't been able to complete its review and make a determination.

The federal government indicated a decision would come in 2007, and it has not. This lessens the public's faith in the federal government’s ability to address complex issues. This lets fester continuing distrust between the Nation and its neighbors. It raises fears that the outcome will be based not on solid analysis but on some back-room deal.

Certainly, much is riding on the outcome. It’s highly likely litigation will ensue from one party or another, continuing a cycle of lawsuits that dates back at least to the Nation’s first land-claim suit nearly 40 years ago. But failure to move forward is tantamount to moving backwards.

The best vision for the long-term future of our region is one in which the Oneida Nation's enterprises and people are thriving and in which relations between the Oneidas and their neighbors are productive and not confrontational. Until a wide array of land, taxation and regulatory issues are resolved, this future remains elusive.

The U.S. Department of Interior's land-into-trust determination won’t be the final word on the matter. But it’s a necessary next step toward a brighter future for all.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.